Engagement/Wedding Rings & DUI Questions

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

I have a couple of questions that I was wondering about:

  1. Are my engagement and wedding rings considered separate or marital property? Are these normally included in the distribution of marital assets?

  2. My ex has two DUIs. He is fighting me to take the children more. Will his DUIs have any impact during a custody hearing?

Thanks!

2

Your rings are ‘gifts’ and should not subject to ED division.

As far as the DUIs go. It may put a restriction in custody papers (ie: Father will not consume alcohol while children are in his care…). But, I’m not sure if it will affect his right to visit. It may look poorly on his part that he has the DUIs though…

3

I would have to agree with comingclean2. The rings were given to you, assumingly, prior to and at the time of marriage. They were not purchased with marital assets but separate. I have heard of one case where a fiance was able to get an engagement ring back for breach of contract and one case where a husband had the wife’s ring, an anniversary band, included in ED due to the cost of the ring.
Normally, people are very sentimental about these and either give them to the other spouse or keep them for their children…

The DUI’s should be noted in the custody hearing since that could present potential harm to the children. It will, however, be difficult to prove afterwards unless he is caught a 3rd time while the children are in his care.

4

An engagement ring is considered separate property as it is normally acquired before the marriage. Your spouse has no interest in the engagement ring. The wedding bands are normally considered martial property and are subject to distribution by the court. This does not mean you must return the ring, just that the value is taken into account and the ring is an asset that will be included in your “column “of assets.
DUIs are certainly relevant in a custody case. It is evidence that your ex may not be well suited to care for the children and their being in his care could be detrimental to their best interests.

5

yeah, It may look poorly on his part that he has the DUIs though :slight_smile: